Open Courts Compendium

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I. Introduction: Access rights in the jurisdiction

The Wyoming Supreme Court has recognized a constitutional right of access to court proceedings and records pursuant to the First Amendment to the U.S. Constitution. Circuit Court of the Eighth Judicial Dist. v. Lee Newspapers, 2014 WY 101.

A. The roots of access rights

B. Overcoming a presumption of openness

The presumption of openness may only be overcome by a demonstration that there is a compelling interest which makes closure essential to preserve higher values, and that any closure is narrowly tailored to serve that compelling interest.

C. Procedural prerequisites to closure

When a court determines that a compelling interest exists, the court must articulate findings, on the record, specific enough that a reviewing court can determine whether the closure order was properly entered. A hearing on a closure may be closed if information sought to be kept confidential must be discussed.

A. Media standing to challenge closure

B. Procedure for requesting access in criminal cases

Wyoming courts have routinely allowed standing to intervene for the limited purpose of challenging the closure of proceedings and records. A formal pleading is required, and most courts will not acknowledge an informal letter.

C. Procedure for requesting access in civil matters

D. Obtaining review of initial court decisions

Access decisions are reviewed via appeal. A writ of mandamus might be appropriate in a case where there is no discretion to be exercised by the lower court. Otherwise, a closure order is reviewed for abuse of discretion by the lower court. See Feeney v. District Court, 614 P.2d 710 (Wyo. 1980); Williams v. Stafford, 589 P.2d 322 (Wyo. 1979). There is no procedure for an expedited review, and how one might attempt to overturn a closure order prior to the closed proceeding is unclear. The Wyoming Supreme Court has said: “This does not mean that the public is without some other remedy to enforce its interest in open pretrial hearings or test the issue of abuse of discretion when a judicial officer closes a hearing by an erroneous exercise of his Williams discretion. We merely hold in this opinion that the extraordinary writ of mandamus may not be utilized to challenge the judicial officer’s exercise of discretion if, in fact, he had discretion." State ex. rel. Feeney v. Distilled. Court of Seventh Judicial Dist., 607 P.2d 1259, 1263 (Wyo. 1980).

The court did not say what the “some other remedy” might be. It is important to note that the Feeneydecision came down before the U.S. Supreme Court’s recognition of the constitutional right of access to pretrial proceedings in the Press-Enterprise cases, which are summarized in the Access to Criminal Proceedings section below.

III. Access to criminal proceedings

A. In general

B. Pretrial proceedings

The Wyoming Supreme Court has ruled that public participation during preliminary hearings provides a positive and significant role in the functioning of preliminary hearings. Circuit Court of the Eighth Judicial Dist. v. Lee Newspapers, 2014 WY 101, ¶ 19. Pretrial proceedings should only be closed in extraordinary circumstances. Williams v. Stafford, 589 P.2d 322 (Wyo. 1979). If closure is ordered, the court must make a particularized finding on the record justifying closure. Closure to protect fair trial rights may only be effected when there are no reasonable alternatives. Id.

IV. Access to criminal court records

A. In general

B. Arrest records

Individual arrests records and mug shots are public records in Wyoming. However, “rap sheets” or criminal histories maintained by law enforcement for the specific purpose of identifying potential suspects are confidential pursuant to the Criminal History Records Act. W.S. §7-19-101 et. seq.

C. Dockets

D. Warrants, wiretaps and related materials

All information filed with the court for the purpose of obtaining a search warrant, including affidavits, are confidential until such time as the warrant is executed. Wyoming Rules of Criminal Procedure Rule 41(i).

F. Pretrial motions and records

G. Trial records

Trial records are presumptively open in Wyoming, unless a specific statute requires sealing of the record. The Wyoming Supreme Court had recently adopted rules regarding access to court records and redaction of court records, effective January 1, 2010. After receiving numerous questions and concerns regarding the new rules, the Court rescinded the rules pending further review. The rescinded rules contained a list of records made confidential by statute. The redaction rules required that financial information, birth dates, and addresses be redacted from all court records, except for arrest warrants and charging documents, including supporting affidavits.

J. Other criminal court records issues

V. Access to civil proceedings

A. In general

Wyoming has no direct case law as to access to civil proceedings, but the court has talked about “judicial documents” in recognizing the right of access to records of criminal courts. Circuit Court of Eighth Judicial Dist. v. Lee Newspapers, 2014 WY 101, 332 P.3d 523 (Wyo. 2014).

VI. Access to civil records

A. In general

Court records are presumed to be open to public access during regular business hours unless otherwise provided by the rules. The rules list those records deemed confidential by statute or court order. However, these records may be open if used in open court.

E. Trial records

F. Settlement records

There is no case law in Wyoming regarding settlement records. It is presumed that settlements with public entities are open for public inspection as the Wyoming Supreme Court has ruled that any document respecting the expenditure of public funds must be “expressly textual.” Houghton v. Franscell, 870 P.2d 1050 (Wyo. 1994). There is no express exemption in the Public Records Act for settlement agreements.

C. Gag orders on participants

D. Interviewing judges

XI. Other issues

A. Interests often cited in opposing a presumption of access

B. Cameras and other technology in the courtroom

Rule 53 of Wyoming Rules of Criminal Procedure allows cameras in the courtroom at the discretion of the presiding judge. The rule applies to civil cases pursuant to Rule 804 of the Uniform Rules For District Courts. Application must be made at least 24 hours prior to the proceeding.

In a trial of major importance, the court may require pooling. Cameras must be set up prior to the beginning of the proceedings. No close-ups of jurors are permitted. Bench conferences are off-limits. The court may “for cause” prohibit videotaping or photographing of a participant. Orders limiting photography of crime victims, confidential informants, undercover agents and in suppression hearings are presumptively valid.

C. Tips for covering courts in the jurisdiction

Wyoming state courts include circuit courts, district courts and the Wyoming Supreme Court. There are also municipal courts. The circuit courts have jurisdiction in civil matters with alleged damages up to $50,000. The circuit courts also conduct criminal arraignments and preliminary hearings.

Transcripts may be obtained from the court’s official reporter. The Wyoming State Bar has the contact information for the court reporters for each court. The reporters may also be contacted via the specific court office.

Cell phones are not allowed in most Wyoming courtrooms. Neither is eating or drinking. Computers may be allowed if not disruptive to the proceedings.